Most people in Ohio are aware of the fact that police officers often administer a breath test during a drunk driving arrest. The breath test measures your blood-alcohol content and can be used against you in court.
Submitting to a breath test if you are arrested for OVI is not mandatory. In fact, a recent report found that a significant number of people in Ohio have chosen to refuse the test. Refusing the test, however, comes with consequences, too. So, what should you do?
Although there is not necessarily a straightforward answer to this question, we will use today’s post to help you weigh your options.
Refusing The Breath Test
First, you should know that you can still be convicted of a drunk driving even if you do not take a breath test. In fact, refusing to take a breath test in Ohio will result in the automatic suspension of your license for one year even if you are not convicted. Plus, jurors are often told that they can assume you were intoxicated if you refused a test.
In 2013, more than half of Ohio residents with an administrative license suspension had it because they refused to take a breath test during an OVI arrest. Only 46 percent had their license suspended because of an unfavorable breath test result.
Taking The Breath Test
Most people’s main fear about taking a breath tests is that the reading will be over 0.08. Even if it is, however, the breath test can be challenged, and it is not the only aspect of a drunk driving case.
Breath test machines can be faulty — especially if they were not properly calibrated. If there is reason to believe a reading was inaccurate, it may be possible to challenge it.
Outside of the breath test, the traffic stop and arrest are also important factors in an OVI case. By reviewing the video of the arrest, it may be possible to build a strong defense to the charges.
Find A Lawyer
Whether you took the breath test or refused it, if you are charged with OVI, it is important to contact an attorney. An experienced drunk driving lawyer will understand how best to approach your specific case.
Source: Telegraph-Forum, “More Ohio drivers refusing OVI tests,” Jona Ison, April 5, 2015